On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit made a substantial clarification regarding the evaluation of patent obviousness. In the case of Volvo Penta of the Ams. LLC v. Brunswick Corp., bearing Case No. 22-1765, the Court vacated a Final Written Decision from the Patent Trial and Appeal Board (PTAB), in which all claims of the U.S. Patent 9,630,692 were deemed unpatentable due to alleged obviousness.
The crux of the Federal Circuit’s judgement lies in its remand of the decision back to the PTAB for further assessment. Notably, the Court stressed on the importance of considering objective indicia of non-obviousness – a factor that was previously overlooked by the Board.
This case clarifies that secondary considerations in a patent’s obviousness analysis must be viewed both individually and collectively. Such a holistic evaluation will ensure a comprehensive view of the patent’s uniqueness, which plays a crucial role in determining its patentability.
The implications of this judgement are likely to be significant for legal professionals active in intellectual property law and patent litigations. This change in perspective prompts a re-evaluation of processes and strategies when approaching patent litigation cases, as objective indicators of non-obviousness could potentially tip the scale in favor of patent applicants.
For more in-depth information on the case of Volvo Penta of the Ams. LLC v. Brunswick Corp., and the Federal Circuit’s decision, click here.